STATE OF GUJARAT Vs. UMEDBHAI VASTRAM PATEL

JUDGEMENT

(1.) BY way of present appeal, filed under Section 378 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of acquittal dated 14.8.1995 passed by the learned Special Judge, Banaskantha at Palanpur in Special Case No.7 of 1989. The said case was registered against the respondents�original accused for the offences punishable under Sections 161 and 165(A) and 34 of the Indian Penal Code and under Section 5(2) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case, the complainant had remained on leave because of illness from dated 3.8.1982 to 10.10.1982. His leave was not sanctioned by the office. Therefore, the complainant met the accused No.1 Taluka Development Officer. He sent the complainant to accused No.2 and accused No.2 suggested that if the complainant agree to the suggestion made by the accused No.3 his work may be done. The accused No.3 demanded bribe of Rs.100/ for the work done therefore accused No.1 and complainant agreed to it. Thereafter accused No.2 demanded bribe of Rs.25/ for sending the order sanctioning the leave of the complainant. The complainant had gone to the accused Nos.1 and 2 and they demanded the bribe amount. The complainant had told them to give it on 14.2.1986. Thereafter the complainant filed a complaint on 13.2.1986 with the ACB Police. After completing necessary formalities the accused persons were caught redhanded and statement of the witnesses were recorded by the trapping officer and then before the learned Special Judge chargesheet was filed.

(3.) IN order to bring home the charge levelled against the respondents accused, the prosecution has examined witnesses and also produced documentary evidence on record of the trial Court.